L&H Wrap Garage – Kill Fee Terms and Conditions

These Kill Fee terms and conditions apply to all clients engaging in services with L&H Wrap Garage (hereinafter referred to as “the Company”). By accepting a quote or engaging in a project with the Company, you, the client, agree to the following terms:

1. Definition of Kill Fee

A “Kill Fee” is a charge imposed on the client when a project is canceled or terminated before the agreed work has been completed. This fee compensates the Company for any time, effort, and resources that have already been committed to the project up to the point of cancellation.

2. When a Kill Fee is Applicable

The Kill Fee will be charged if:

• The client cancels or reschedules the project after the project has been started but before its completion.
• The client does not provide the necessary materials or approvals within the required timeframe, causing a delay or cancellation of the work.
• The project is canceled or delayed due to circumstances beyond the Company’s control that require rescheduling, with no agreement on a new date within a reasonable timeframe.

3. Kill Fee Calculation

The Kill Fee will be calculated as follows:

• If work has not commenced: A fee of 10% of the total project cost will be charged to cover initial planning and administrative costs.
• If work has commenced but not completed: The Kill Fee will be calculated based on the percentage of the project completed and any direct costs incurred, including labor, materials, and other resources dedicated to the project up to the point of cancellation. The Kill Fee will not exceed 50% of the total project cost.
• If the project has reached the final stages or is near completion: A Kill Fee of 75% of the total project cost will be charged.

4. Notification of Cancellation

To cancel the project, the client must provide written notice to the Company via email or formal letter. The notice must include the reason for cancellation and the requested date for termination. The Kill Fee will be calculated from the date the Company receives the cancellation notice.

5. Non-Refundable Deposits

Any deposits paid prior to the start of the project are non-refundable, even if the project is canceled or delayed. These deposits will be applied toward the Kill Fee or the final balance due, as applicable.

6. Refunds and Adjustments

Refunds or adjustments to the amount billed will not be issued for any costs or expenses incurred up to the cancellation date. Any remaining balance due after the Kill Fee is applied must be paid within 14 days of the cancellation.

7. Force Majeure

In the event of unforeseen circumstances beyond the control of the Company (e.g., natural disasters, pandemics, strikes, or other events), the Company will attempt to reschedule the project or work out a mutually agreeable solution. If rescheduling is not possible, the Kill Fee will be waived, or reduced, at the sole discretion of the Company.

8. Client Obligations

It is the responsibility of the client to ensure that all materials, approvals, and necessary information are provided in a timely manner to avoid delays or cancellations. Failure to do so may result in the imposition of the Kill Fee.

9. Disputes

In the event of a dispute regarding the Kill Fee, both parties agree to resolve the issue amicably. If an agreement cannot be reached, the dispute will be subject to the laws of New South Wales, and any legal action must be taken in Sydney courts.

10. Agreement to Terms

By signing or accepting a quote from L&H Wrap Garage, you acknowledge and agree to these Kill Fee terms and conditions. The Company reserves the right to amend or update these terms at any time. Any changes to the terms will be communicated in writing and will apply to future projects or cancellations.